PR expired. Apply for PRTD or Renunciation of PR to choose other pathway

[Galen37]

Hi All,

My wife and I have the below situation. We appreciate advices.

Background:
- Wife was brought to Canada at baby age and her whole family were approved with PR status at the moment
- Never applied for PR card. Currently we only know she cannot applied for any ETA (so the PR status is still in record)
- She never went back to Canada and has been living in Hong Kong
- We got married and initially we want to apply for Open Work Permit using the recent special pathway (graduated with degree / master degree in the recent 5 years). Qualification has been verified via WES
- We have not started the process because I assume my wife should have renounced her "PR" first before other application

My questions are:
- To speed up the process, should she on one hand applied for renunciation of PR, and at the same time apply for the Open Work Permit mentioned about?
- What if she applies for PRTD? Given if she fulfilled all requirement and obligations, what will happen to me as her spouse? I have no connection to Canada myself.
- If approved with renunciation of PR and then immediately apply for the Open Work Permit stream mentioned about, is there any possible problem?
- Finally, will such renunciation of PR affect future application of PR by fulfilling respective PR requirement in other pathway?

We appreciate any advice. Thanks!

Regards,
Galen

 

[armoured]

- We got married and initially we want to apply for Open Work Permit using the recent special pathway (graduated with degree / master degree in the recent 5 years). Qualification has been verified via WES
- We have not started the process because I assume my wife should have renounced her "PR" first before other application

Keep in mind below that I don't know about the OWP pathway you're referring to, and no idea about your chances of success. Yes, I believe she would need to renounce PR status first to apply under most other programs.

Also, I'm giving a short form answer that she'd likely be denied PRTD to keep her PR status - I wont' go into details and she should look into it. But short form if she had applied as soon as she turned 18, she might have had a decent chance; hard to imagine a scenario where that would apply now given that she's married and hasn't been back, etc., but I'm underlining that it's her choice and I don't know details of case.

(There are some other alternatives like she could enter through land border in USA and they'd have to admit her and allow an appeal, but again - chances are reasonably high she'd be reported and likely/possibly have PR status stripped, but perhaps 'better' chances of remaining by this route. Up to you both to inform yourselves and decide.)

- To speed up the process, should she on one hand applied for renunciation of PR, and at the same time apply for the Open Work Permit mentioned about?

If she is okay with renouncing, it would speed things up. Don't know whether she can apply right away or need to wait some time for it to be processed (or how long). But I don't think it should be very long (we went through this to apply for TRV for spouse and it was reasonably quick).

https://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-voluntarily-renounce-permanent-resident-status.html

- What if she applies for PRTD? Given if she fulfilled all requirement and obligations, what will happen to me as her spouse? I have no connection to Canada myself.

She'd have to make the case to keep it, and would probably be denied (as mentioned above); this could take some time for officer to analyse her application for PRTD and the time that is allowed for her to appeal. If she was able to get PRTD/PR status confirmed, nothing would happen to you - you wouldn't become a PR automatically or anything. But she would be able to sponsor you under spousal sponsorship (once she is resident in Canada - with a question mark about when she would be able to).

- If approved with renunciation of PR and then immediately apply for the Open Work Permit stream mentioned about, is there any possible problem?

Apart from timing issue referred to above, should not affect her OWP application.

- Finally, will such renunciation of PR affect future application of PR by fulfilling respective PR requirement in other pathway?

Likewise, no negative impact.

 

[Galen37]

Keep in mind below that I don't know about the OWP pathway you're referring to, and no idea about your chances of success. Yes, I believe she would need to renounce PR status first to apply under most other programs.

Also, I'm giving a short form answer that she'd likely be denied PRTD to keep her PR status - I wont' go into details and she should look into it. But short form if she had applied as soon as she turned 18, she might have had a decent chance; hard to imagine a scenario where that would apply now given that she's married and hasn't been back, etc., but I'm underlining that it's her choice and I don't know details of case.

(There are some other alternatives like she could enter through land border in USA and they'd have to admit her and allow an appeal, but again - chances are reasonably high she'd be reported and likely/possibly have PR status stripped, but perhaps 'better' chances of remaining by this route. Up to you both to inform yourselves and decide.)



If she is okay with renouncing, it would speed things up. Don't know whether she can apply right away or need to wait some time for it to be processed (or how long). But I don't think it should be very long (we went through this to apply for TRV for spouse and it was reasonably quick).

https://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-voluntarily-renounce-permanent-resident-status.html



She'd have to make the case to keep it, and would probably be denied (as mentioned above); this could take some time for officer to analyse her application for PRTD and the time that is allowed for her to appeal. If she was able to get PRTD/PR status confirmed, nothing would happen to you - you wouldn't become a PR automatically or anything. But she would be able to sponsor you under spousal sponsorship (once she is resident in Canada - with a question mark about when she would be able to).



Apart from timing issue referred to above, should not affect her OWP application.



Likewise, no negative impact.

Extremely grateful with your advice given the limited information I provided (sorry about that). The above definitely cleared our minds! Thank you.

 

[armoured]

Extremely grateful with your advice given the limited information I provided (sorry about that). The above definitely cleared our minds! Thank you.

Good luck.